DR. PAUL ATTAH (PLAINTIFF) vs. STEPHEN YAO AYISI (DEFENDANT)

The Plaintiff in this case issued a Writ of Summons and Statement of Claim against the Defendant on 5th September 2013 for the following reliefs: 1. Damages of GH¢ 100,000.00 for false Imprisonment of the Plaintiff by the Defendant in causing his arrest and Detention by the Police for no apparent reason 2. Costs. The Defendant entered appearance on 4th October 2013, and filed a Motion on Notice to strike out the action against him pursuant to Order 11 Rule (18) (1) (a) of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) on the grounds that "the Plaintiff's Statement of Claim filed on 5th September 2013, did not disclose any cause of action or reasonable cause of action against him". At the hearing of the Application, Counsel for the Plaintiff/Respondent raised a preliminary legal objection to the Application. Making reference to Order 19 Rule (1) of C.I. 47, Counsel submitted that per Order 19 Rule (1) of C.I. 47 "Every application in pending proceedings shall be by moti....